The regulation ( EC) No 1896/ 2006 of the European Parliament and Council of 12 December 2006 establishes a European payment order, in order to simplify, speed up and reduce the costs of litigation in cross-border cases concerning uncontested pecuniary claims, and permits the free circulation of European orders for payment by all Member States, by establishing minimum standards with which renders unnecessary any intermediate proceedings in the Member State of enforcement prior to recognition and enforcement .The rules apply in cross-border cases in civil and commercial matters, meaning "border", one in which at least one of the parties is domiciled or habitually resident in a Member State before which made the request. The admonitory process is established for the collection of pecuniary, defeated credits, of certain amount and exigibles in the date in which one presents the request of requirement of payment.
Related to the jurisdiction, the regulation refers to Regulation (EC) No 44 /2001. Although the basic principle is that the competent court is the one of the Member State where the defendant is domiciled, the latter can be brought before the courts of another Member State; This occurs in the context of the another cases enumerated by Regulation: Competition particular competence in insurance, consumer contracts and individual employment contracts and exclusive jurisdiction.
The special jurisdiction (Article 5) court includes, for example:
- Contractual matters (in general, the court where the obligation was or should have been fulfilled);
- Maintenance obligations (in general, the court where the maintenance creditor resides);
- Criminal offenses (court of the place where the harmful event occurred) .
Therefore, we have to look at which is the competent court to file the application for a European order for payment. This requirement arises, the competent court, in a form (Annex to Regulation itself), provided a formal requirements. Following the presentation, the court must consider whether these requirements are met, and if anything is missing, it can give the opportunity to complete or rectify the application. If requirements are met, the court shall issue a European order for payment as soon as possible and within 30 days from the date of filing of the petition.
The requirement will be communicated to the defendant that the plaintiff can pay or oppose the order by lodging with the court of origin, of an opposition, sent within 30 days of being notified of the requirement. In the event that the defendant chooses to file a notice of opposition, the proceedings shall continue before the competent courts of the MemberState of origin.